Samples

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CORNHUSKER CASUALTY INSURANCE 

COMPANY,

Plaintiff-Appellee, No. 06-35106 v. D.C. No.

CV-05-05026-RBL

CHRIS KACHMAN,

Defendant,  ORDER

AMENDING

and

OPINION AND

BROOKS SAMPLES, individually and AMENDED as Personal Representative of the OPINION Estate of Leanne Samples, Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted October 19, 2007—Seattle, Washington

Filed January 30, 2008 Amended January 13, 2009

Before: Ronald M. Gould and Richard A. Paez, Circuit Judges, and Lyle E. Strom,* District Judge.

Opinion by Judge Gould

*The Honorable Lyle E. Strom, Senior United States District Judge for the District of Nebraska, sitting by designation.

463 466 CORNHUSKER CASUALTY INS. v. SAMPLES

COUNSEL

Kevin Coluccio, Garth L. Jones, Paul L. Stritmatter, Stritmat- ter Kessler Whelan Withey Coluccio, Hoquiam, Washington, for defendant-appellant Brooks Samples.

Irene M.…